[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Notices]
[Pages 31844-31845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12760]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-509]


Certain Personal Computers, Server Computers, and Components 
Thereof; Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 6, 2004 under section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hewlett-Packard Development Company, L.P. of Houston, Texas and 
Hewlett-Packard Company of Palo Alto, California. Supplements to the 
complaint were filed on May 26 and May 27, 2004. The complaint, as 
supplemented, alleges violations of section 337 in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain personal computers, server 
computers, and components thereof by reason of infringement of claims 
1, 2, 9, 10, 16-18, and 24 of U.S. Patent No. 5,185,691, claims 1, 2, 
7, 8, 10, 11, 14, 18, and 22 of U.S. Patent No. 5,258,888, claim 1 of 
U.S. Patent No. 5,727,213, claims 1, 6-8, and 30-32 of U.S. Patent No. 
6,085,318, claim 1 of U.S. Patent No. 5,737,604, claims 1, 2, 3, 5, and 
8-10 of U.S. Patent No. 5,892,976, and claims 1, 3, 4, 6-8, 18, 20, 21, 
23-25, 35, 37, 38, and 40-42 of U.S. Patent No. 6,138,184. The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent limited 
exclusion order and a permanent cease and desist order.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its Internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2574.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2003).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 1, 2004, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain personal 
computers, server computers, and components thereof by reason of 
infringement of claims 1, 2, 9, 10, 16-18, or 24 of U.S. Patent No. 
5,185,691, claims 1, 2, 7, 8, 10, 11, 14, 18, or 22 of U.S. Patent No. 
5,258,888, claim 1 of U.S. Patent No. 5,727,213, claims 1, 6-8, 30, 31, 
or 32 of U.S. Patent No. 6,085,318, claim 1 of U.S. Patent No. 
5,737,604, claims 1, 2, 3, 5, 8, 9, or 10 of U.S. Patent No. 5,892,976, 
or claims 1, 3, 4, 6-8, 18, 20, 21, 23-25, 35, 37, 38, 40, 41, or 42 of 
U.S. Patent No . 6,138,184, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Hewlett-Packard Development Company, L.P., 20555 State Highway 249, 
Houston, Texas 77070.
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, California 
94304-1105.

    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Gateway, Inc., 14303 Gateway Place, Poway, California 92064.

    (c) Anne Goalwin, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-P, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr. is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be

[[Page 31845]]

submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: June 1, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-12760 Filed 6-4-04; 8:45 am]
BILLING CODE 7020-02-P